Rail Vehicle Accessibility (Networks) Exemption Order 2009

My Lords, this is a largely uncontroversial order, and I make it clear from the outset that I am not minded to oppose it. We all subscribe to the fact that disabled people should be able to access all public service and leisure vehicles and be in a position to enjoy, as able bodied people do, the full range of leisure activities, but one has to accept that there may be rare occasions when this is simply not feasible. Heritage rail vehicles surely fall into this latter category. Many are run on small gauges and cannot be adapted, as the order says, in a way that complies with the Disability Discrimination Act or the rail vehicle accessibility regulations, and a valuable and enjoyable attraction would become unavailable to all those who want to take advantage of it if either were enforced. I have a couple of questions. I see that the Disabled Persons Transport Advisory Committee was consulted on the resolution procedure suggested in the order, but there is nothing to indicate its response to the general consultation on this matter. Given that there was a consultation and that the responses were taken into account, can we take it that this organisation was content on this occasion to accept limited access to this leisure activity for those whom it represents? Will the Minister clarify what its response was to the main consultation? He may also know whether the owners of these pre-1 January 1999 heritage vehicles can give some access to people with disabilities, particularly those who are in wheelchairs, so that they can participate where possible, or is this largely too difficult? Does the Minister know what limited access is provided on at least some of the areas listed in the schedule? Can he also confirm that all vehicles of this type constructed since 1 January 1999 will comply with the Disability Discrimination Act and will therefore not need to be exempted at a later stage? With regard to the 20 days, we also note that these rail vehicles can have access to the main non-exempt rail networks, and that they will be exempt from these provisions when they do and when they are in their depots—not necessarily for repair and maintenance but for the purpose of "depot days" for visitors. We think that that is a very sensible provision. We are satisfied that the order provides a flexible and sensible exemption to an otherwise firm commitment which all Governments have made to try to ensure that those with disabilities are not disadvantaged in doing what they wish to do due to access being limited.